Taylor v. Order of Sparta
Supreme Court of Pennsylvania
Appeal, No. 76, Jan. T., 1916, by defendants, from decree of C. P. No. 5, Philadelphia Co., March T., 1915, No. 3676, in equity, on bill in equity for the appointment of a receiver, in case of J. R. Taylor, Henry A. Newbold, David B. Hallinger, and David Baird v. Order of Sparta, Wm. F. Lester, Robert A. Welsh and John L. Smith. Bill in equity for the appointment of a receiver.
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Appeal, No. 76, Jan. T., 1916, by defendants, from decree of C. P. No. 5, Philadelphia Co., March T., 1915, No. 3676, in equity, on bill in equity for the appointment of a receiver, in case of J. R. Taylor, Henry A. Newbold, David B. Hallinger, and David Baird v. Order of Sparta, Wm. F. Lester, Robert A. Welsh and John L. Smith. Bill in equity for the appointment of a receiver. Before Staake, J. From the record it appeared that the bill was filed by J. R. Taylor, Henry A. Newbold, David B. Hallinger, and David Baird, against the Order of Sparta. It was averred in the bill, that the…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The bill in this case was originally filed against The Order of Sparta, which is an unincorporated beneficial association, and as such does not constitute a legal entity, against which suit may properly be brought: Maisch v. Order of Americus, 223 Pa. 199. Realizing that the bill had not been properly filed, counsel for plaintiffs moved to amend by adding as defendants the names of three of the chief officers of the association as representing themselves and all others having the same interest. The bill should have been framed in this way in the first instance.…
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